Case details

Suit: Collision between bicyclists caused hip fracture

SUMMARY

$501024.03

Amount

Verdict-Plaintiff

Result type

Not present

Ruling
KEYWORDS
acetabulum, fracture, hip, hip replacement, left hip
FACTS
On June 16, 2010, at approximately 5:15 p.m., plaintiff Phil Longenecker, 45, a director of operations, was riding home from work on northbound Webster Street, toward the intersection with 41st Street in Oakland, when his bicycle made contact with a bicycle operated by Susan Lawrence. As a result, Lawrence fell onto Longenecker, causing both bicycles to go down. Longenecker subsequently claimed to his left hip. Longenecker sued Lawrence, alleging the defendant was negligent in the operation of her bicycle. Longenecker claimed that as he approached the subject intersection, which is controlled by a four-way stop, he pulled out to the left in order to pass Lawrence, who was traveling in front of him, when at the same time, Lawrence pulled out to the left. As a result, the right handlebar of Longenecker’s bicycle hit the left handlebar of Lawrence’s bicycle, with both bicycles going between 8 and 10 mph. Longenecker claimed that he was not intending to stop at the stop sign and that he was unable to brace his fall since his shoes were locked in with clipless pedals. However, he alleged that Lawrence was completely at fault for moving leftward in the traffic lane without signaling or looking to her left. Lawrence claimed that Longenecker was at fault for not calling out as he attempted to pass her on her left while in the same lane., Longenecker sustained a comminuted complex fracture of his left hip’s acetabulum. He was subsequently taken by ambulance to an emergency room and on June 17, 2010, he had a distal femoral traction pin inserted. On June 20, 2010, Longenecker underwent open reduction and internal fixation surgery on his left hip, and was discharged from the hospital four days later. He then underwent follow-up exams with an orthopedist and underwent physical therapy from August 2010 through January 2011. Longenecker missed seven weeks of work following his surgery. He claimed he must now avoid impact activities that place a load on the hip joint, such as jumping and running. He did resume his bicycle riding, but he claimed it was awkward for him to get on and off his bike due to limited range of motion in his hip. The plaintiff’s medical experts opined that Longenecker will require a total hip replacement in his early to mid-50s. In addition, they opined that Longenecker will require a revision procedure 20 years after the replacement as the components of the artificial hip wear out. Plaintiff’s counsel argued that as a result, Longenecker will have to retire one to two years early due to his condition. Thus, Longenecker sought recovery of $154,843.03 in past medical costs, $318,603 in future medical costs, $16,035 in past lost earnings and $338,878 in future loss of earnings. He also sought recovery of $580,000 to $750,000 in damages for his past and future pain and suffering. Defense counsel disputed the need for a revision surgery after Longenecker’s proposed future hip replacement. Counsel argued that, regardless, Longenecker’s alleged future damages were overstated, and proposed an award of $64,723 for future medical costs for one surgery and up to $136,401 for two surgeries. In addition, defense counsel proposed an award of $10,000 for future lost earnings, and an award of between $150,000 and $200,000 for Longenecker’s pain and suffering.
COURT
Superior Court of Alameda County, Oakland, CA

Recommended Experts

NEED HELP? TALK WITH AN EXPERT

Get a FREE consultation for your case